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24 Trinity L. Rev. 43 (2018-2019)
How Absolute Truth and Relative Truth Inform Originalism and Living Constitutionalism

handle is hein.journals/trinlr24 and id is 113 raw text is: 

   HOW ABSOLUTE TRUTH AND RELATIVE TRUTH
           INFORM ORIGINALISM AND LIVING
                    CONSTITUTIONALISM
                    Matthew W. Camphuis*

INTRODUCTION

       There are few things as frustrating as talking past each other. Yet,
that is exactly what  the  Supreme  Court  does  when  it debates the
constitutional doctrines of originalism and living constitutionalism.
The  legal arguments rarely seem to persuade either side. This is because
the real debate is two steps backwards-in the philosophical biases and
axioms.   Namely,  it's because one's worldview on  absolute truth and
relative truth determines if one is an originalist or a living constitutionalist.

       In order to stop talking past each other, we must confront these legal
doctrines for what they really are-philosophy in action. To begin this
journey, we must inquire into: (1) worldviews, (2) what are absolute truth
and relative truth, (3) what are originalism and living constitutionalism, and
(4) how these ideas correlate.

       A. Jurists Have Worldviews  Too

       What  is a worldview and  how  does it affect how we act in and
perceive the world around us?

       Maybe   it isn't often thought, oh yes, I adhere to absolute truth,
obviously, so I must be a staunch originalist. Or, Oh yes, of course, I'm a
living constitutionalist because I believe in relativism. Not in those words
probably.  But these ideas form a part of our worldview  and one idea
naturally leads to another. They are too pervasive to ignore, especially as
jurists.

       We  must talk about worldviews before we talk about how absolute
truth and relative truth inform originalism and living constitutionalism


* J.D. from Trinity Law School; B.S. Interdisciplinary Studies -- Social Sciences and
Religion, Minor in Biblical Studies from Liberty University; A. Theology from CCBC
York, England. Grateful thanks to Professor Myron Steeves for guidance and feedback
on this note and to the Trinity Law Review for their hard work.


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